Transcript for Divorce Advice: Adultery and Marriage – Top Divorce Lawyer Marilyn Stowe 

People get the wrong idea about adultery. They think it’s incredibly important to be able to prove adultery in order to get a divorce. In actual fact, it isn’t.

In fact, if you can avoid going on the basis of adultery, so much the better. In order to get a divorce, you have to demonstrate that your marriage has irretrievably broken down.

You can do that in one of five ways:

  1. Unreasonable behaviour.
  2. Adultery.
  3. Desertion.
  4. Separation for two years by consent.
  5. Separation for five years, where consent is not required.

Adultery is actually having full sexual intercourse somebody else while you are married. It doesn’t matter if you are separated from your spouse, it can still be adultery.

People write into the blog and say: “It can’t be adultery, can it? Because we’ve been separated”. The answer is: yes it can.

However, if your spouse has known about the adultery for six months or more and hasn’t done anything about it, then they can be taken to have condoned it. In these cases, adultery can’t be used in divorce proceedings.

By far the easiest, most simple way to get a divorce is to allege unreasonable behaviour. That can cover a whole range of issues and that will get you a divorce.

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1 comment

Karl - August 26, 2014 at 11:56am

Very enlightening video on exactly how the legal system views adultery.

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